Reeta Shrivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22604 of 2020 Arising Out of PS. Case No.-46 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Reeta Shrivastava, Female, aged about 63 years, D/o Damrupati Lal, Resident of Ramdayalu Nagar, Road No.- 7, Kamani Tola, P.S.- Kazimohammadpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manohar Kumar S/o Narayan Ambast At present resident of Bharat Baigan Colony, Maripur, P.S.- Kazimohammadpur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Kazi Mohammadpur P.S. Case No. 46 of 2018 registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code & Section 138 of N.I. Act.

The prosecution story, as described in the complaint petition, is that the O.P. No.2 has alleged in his complaint case that the accused persons including this petitioner were his family friend and on 06.10.2016, accused persons requested to the informant for giving Rs.8,00,000/- to liquidate the bank loan with a promise to return the same within three months. The O.P.

Patna High Court CR. MISC. No.22604 of 2020(5) dt.06-01-2021 2/3 No.2 gave Rs.8,00,000/- to accused persons on 06.11.2016 as loan but after laps of three months, accused persons did not return the borrowed money and on putting pressure Priyanka (co-accused) handed over a cheque of Rs.8,00,000/- to the informant/ O.P. No.2. The informant deposited the cheque before bank but the cheque was dishonored due to insufficiency of fund. The informant sent a legal notice to accused petitioner but the accused person did not repay the borrowed money. Learned counsel for the petitioner submits that the petitioner is ready to pay Rs.8 lakhs to the informant within eight months. At the time of furnishing bail bond, he will pay Rs.2 lakhs to the informant by Bank Draft and the rest amount will be paid in three equal installments at the end of the month. Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of ACJM 1st Cum Sub-Judge-1st (East), Muzaffarpur in connection with Kazi Mohammadpur P.S. Case

Patna High Court CR. MISC. No.22604 of 2020(5) dt.06-01-2021 3/3 No. 46 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

If the petitioner does not pay rest of the amount in three consecutive installments, then the bail bond of the petitioner will stand cancelled.

(Anjani Kumar Sharan, J) Nasimul/- U T